04/18/1990 Regular
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Regular Meeting
Board of County Commissioners
Wednesday, April 18, 1990
Key West
A Regular Meeting of the Monroe County Board of
County Commissioners convened at 9:00 a.m. on the above date
in Courtroom B of the Courthouse Annex in Key West. Present
and answering to roll call were Commissioner Wilhelmina
Harvey, Commissioner Douglas Jones, Commissioner Eugene
Lytton, Commissioner Michael Puto, and Mayor John Stormont.
Also present were Rosalie L. Connolly, Deputy Clerk; Randy
Ludacer, County Attorney; Tom Brown, County Administrator;
County Staff; members of the Press and Radio; and the
general public.
All stood for the Invocation and Pledge of
Allegiance.
The Board proceeded to make additions, deletions
and changes to the Agenda.
BULK APPROVALS
Motion was made by Commissioner Jones and seconded
by Commissioner Lytton to approve the following items by
unanimous consent:
COMMISSIONERS' ITEMS
Board approved the appointment of Linda Jensen to the Code
Enforcement Board.
MISCELLANEOUS BULK APPROVALS
Board approved the request of the County Administrator to
remove the following items of surplus property from his
inventory:
0800-5
0803-8
2l0l-l
0100-129
0800-1
0800-3
2l0l-75
2104-6
0803-11
0803-12
Image Printer
Sony Tape Recorder
IBM Selectric Typewriter
IBM Electric Typewriter
IBM Selectric Typewriter
Baud Modem
Singer Calculator
Desk
Chair
Desk Organizer
Board approved removal of the following surplus property
from the inventory of the HRS County Public Health Unit:
2000-392
Executive Chair
Board approved removal of the following surplus property
from the inventory of the Public Defender:
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0604-044
0604-001
0604-004
0604-006
NCR Terminal
IBM Selectric
File Cabinet
Chair
Chair
SN 02-l364l800
II Typewriter
MO #7900
Board approved removal of the following surplus property
from the inventory of the Sixteenth Judicial Circuit Court
and advertising same for bids:
060l-ll9
2323B-43
0601-53
2323C-2
2322B-136
Lanier Recorder
Bogen Amp
NCR Computer
Dictaphone
IBM Typewriter
Board approved removal of the following surplus property
from the inventory of the Airport and advertising same for
bids:
2401-219
1985 Toyota Pickup Truck
Board adopted the following Resolution authorizing the Mayor
to approve a Lease Agreement between the City of Layton and
the Sheriff of Monroe County concerning space in the lay ton
City Government Complex for the Sheriff's use.
RESOLUTION NO. 234-l990
See Res. Book No. 90 which is incorporated herein by
reference.
Board approved payment to Continental Construction company
in the amount of $1,184.7l for work performed at the three
incinerator sites, which work was County responsibility or
by County request.
Board approved and authorized execution of Amendment #1 to
Contract KG-049 between the State of Florida Department of
Health and Rehabilitative Services and Monroe County (In-
Home Services).
Board approved and authorized execution of an Amendment to
Contract with Florida Keys Memorial Hospital concerning the
catering for Bayshore Manor.
Board authorized ratification of Agreement concerning
admission of Edward T. Foster to the Monroe County Home
a/k/a Bayshore Manor.
Board authorized ratification of Agreement concerning
admission of Electa Schaffer Griffin to the Monroe County
Home a/k/a Bayshore Manor.
Board adopted the following Resolution abolishing the SCSEP
Advisory Council.
RESOLUTION NO. 235-l990
See Res. Book No. 90 which is incorporated herein by
reference.
Board adopted the following Resolutions concerning the
receipt of unanticipated funds.
RESOLUTION NO. 236-1990
RESOLUTION NO. 237-1990
RESOLUTION NO. 238-1990
RESOLUTION NO. 239-1990
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See Res. Book No. 90 which is incorporated herein by
reference.
Board approved and authorized execution of a renewal of the
Agreement with the South Florida Employment and Training
Consortium under the Job Training and Partnership Act.
Flood Variance Applications
Board approved, per Staff recommendation, the Application
for Variance to the Flood Hazard Ordinance of Patrick
Keevan, Shark Key Development Corporation, for a garage
addition of greater than 299 square feet below base flood
elevation on Lot 2, Block 5, Shark Key Amended and Revised
Plat; Zoned SR; Coastal Flood Zone AE 11', Panel l732F.
Board approved, per Staff recommendation, the Application
for Variance to the Flood Hazard Ordinance of David D. Lain
for a three-bay garage with one bay closed in with a garage
door and two bays closed on three sides below base flood
elevation on Lot 4, Lester Preu Plat, Key Largo; Zoned SR;
Coastal Flood Zone VE l5', Panel 0994F and AE 11', Panel
0994F.
Refund Request
Board authorized payment of refund in the amount of $750.00
to Salvador Gutierrez inasmuch as the Map Amendment
Application was withdrawn.
Board authorized payment of refund in the amount of
$2,227.82 to Oswaldo Herrera, Jr. of HHD Group, Inc. (refund
of $132.00 in building permit fees and $2,095.82 for impact
fees) inasmuch as applicant decided not to initiate
construction.
Advertisements
Board approved and authorized the advertisement of a pro-
posed Ordinance providing a minimum fee of $500.00 to renew
a lapsed Contractor Certificate of Competency.
DIVISION OF COMMUNITY SERVICES
Library Services
Board adopted the following Resolution authorizing the
Mayor/Chairman to approve the official policies of the
Monroe County Library System as adopted by the Library Board
on March 27, 1990.
RESOLUTION NO. 240-1990
See Res. Book No. 90 which is incorporated herein by
reference.
Board adopted the following Resolution authorizing execution
of an Interlocal Agreement by and between Monroe County and
the City of Key West concerning collection, holding in
trust, and transfer of library impact fees.
RESOLUTION NO. 241-1990
See Res. Book No. 90 which is incorporated herein by
reference.
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DIVISION OF GROWTH MANAGEMENT
Boundary Determinations
Board adopted the following Resolution confirming the
Administrative Boundary Interpretation of the Planning
Director in Land Use District Map Boundary Interpretation
Number 58, Little Torch Key, Mate's Beach, Block 1, Lots 92
and 93.
RESOLUTION NO. 242-1990
See Res. Book No. 90 which is incorporated herein by
reference.
Board adopted the following Resolution confirming the
Administrative Boundary Interpretation of the Planning
Director in Land Use District Map Boundary Interpretation
Number 59, Little Torch Key, Part of Government Lot 2.
RESOLUTION NO. 243-1990
See Res. Book No. 90 which is incorporated herein by
reference.
DIVISION OF MANAGEMENT SERVICES
Board approved and authorized execution of an Addendum to
the Insurance and Risk Management Consulting Agreement with
Interisk Corporation to raise the cap on fees to $14,000.00
throughout the remainder of the contract term.
DIVISION OF PUBLIC SAFETY
Translator System
Board approved and authorized execution of Extension of
Contract with C & M Electronics Co. for maintenance of the
Monroe County Television Translator System Installations.
Emergency Medical Services
Board approved and authorized execution of Certificate of
Public Convenience and Necessity for Monroe County Board of
County Commissioners, Monroe County Emergency Medical
Services, for Class A Emergency Medical Services beginning
May 2, 1990 and ending May 1, 1992 - Certificate No. 90-01.
DIVISION OF PUBLIC WORKS
Facilities Maintenance
Board approved furnishing and installing lights at Watson
Field and adopted the following Resolution concerning the
transfer of funds.
RESOLUTION NO. 244-1990
See Res. Book No. 90 which is incorporated herein by
reference.
Board adopted the following Resolution concerning the
transfer of funds from the Unincorporated Parks & Beaches
Contingency Account to the Unincorporated Parks & Beaches
Maintenance Account.
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RESOLUTION NO. 245-l990
See Res. Book No. 90 which is incorporated herein by
reference.
Board approved and authorized execution of Contract with Pro
Flooring of Key West, Inc. for stair resurfacing at the
Courthouse Annex in the total amount of $8,623.36.
COUNTY ADMINISTRATOR
Board approved and authorized payment of the following
invoices:
1. Floyd Pearson Richman Greer Weil Zack &
Brumbaugh, in the amount of $13,250.91,
for professional services re New Port
Largo v. Monroe County.
2. H. W. Beyer Funeral Home, Inc., in the
amount of $527.40, for professional
services re Pauper Burial.
3. Dean-Lopez Funeral Home, in the amount
of $485.00, for professional services
re Pauper Burial.
4. Dean-Lopez Funeral Home, in the amount
of $450.00, for professional services
re Pauper Burial.
5. Curry & Sons Printing, in the amount
of $42l.25, for Conch Certificates and
Letters (from BOCC Promotional Account).
6. Mariner's Hospital, in the amount of
$4,092.95, for Final Payment re Tele-
phone Equipment.
7. Rosenman & Colin, in the amount of
$3,257.96, for professional services
re Translator System.
8. Emergency Vehicle Consultants, in the
amount of $409.47, in Final Payment re
Specifications for three pumpers at
Layton, Stock Island and Big Coppitt.
9. Florida League of Cities, Inc., in the
amount of $22,570.00, for Excess
Liability Premium Audit.
10. Southeast Environmental Contractors,
in the amount of $32,000.00, for Final
Payment re Stock Island Public Service
Building Asbestos Abatement Project.
11. Advanced Sructures, in the amount of
$7,034.00, for Final Payment re
Plantation Key Jail.
COUNTY CLERK
Board approved the following Fine and Forfeiture
Expenditures:
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COMPETENCY & PSYCHOLOGICAL EVALUATIONS, Peter M.
Bursten, Ph.D., in the amount of $600.00; Jeffrey J.
Elenewski, Ph.D., in the amount of $200.00; Richard Hellman,
Ph.D., in the amount of $150.00; Guillermo D. Marcovici,
Ph.D., in the amount of $1,600.00; Mental Health Care Center
of the Lower Keys, in the amount of $l,300.00; Tanju T.
Mishara, Ph.D., in the amount of $1,600.00.
COURT-APPOINTED ATTORNEYS, Maria Betancourt, in the
amount of $7,217.00; Russell H. Cullen, P.A., in the amount
of $187.50; Larry Erskine, in the amount of $700.00; Roberta
S. Fine, in the amount of $2,597.00; Janine Gedmin, in the
amount of $254.40; Michael S. Gilbert, in the amount of
$2,486.54; Leonard F. Mikul, in the amount of $1,512.50;
Charles Milligan, In the amount of $l,87l.25; John F.
Rooney, in the amount of $2,402.50; John P. Rotolo, in the
amount of $548.75; Joseph J. vetrick, in the amount of
$332.75; Joseph B. Wolkowsky, in the amount of $l,39l.75;
Donald E. Yates, in the amount of $2,903.75.
OTHER EXPENSES, John Monforte, in the amount of
$l,lOO.OO; 3 N Investigations, in the amount of $233.60;
Louis Spallone, Clerk, in the amount of $1,750.00; State of
Florida, in the amount of $64.00; John Stewart, in the
amount of $7,164.95.
COURT REPORTER SERVICES, Associated Court
Reporters, in the amount of $633.00; Florida Keys Reporting,
in the amount of $5l7.50; Billie Jean Fase, in the amount of
$1,811.75; Amy Landry, in the amount of $193.00; Lorita E.
Leskovec, in the amount $186.50; Nancy J. Maleske, in the
amount of $4,681.25; Nichols and Hardy, in the amount of
$403.25; Lisa Roeser, in the amount of $2,311.75.
COURT INTERPRETER SERVICES, J. R. Alayon, in the
amount of $380.00; Juan Borges, in the amount of $740.00;
Juli Barish, in the amount of $555.00; Mayda Maloney, in the
amount of $55.00; Alexandra Ramos, in the amount of $205.00;
Ute Rohe, in the amount of $35.00.
EXPERT WITNESS FEES, J. Michael Cupoli, M.D., in
the amount of $1,500.00.----
WITNESS PAYROLL, Auto Allowance & Travel, in the
amount of $5,813.63; Regular Witness Fees, in the amount of
$385.00.
Board approved the following Warrants:
GENERAL REVENUE FUND, #124808-#l26007, in the
amount of #4,627,000.49.
GENERAL REVENUE FUND, General Money Market Fund,
Barnett Bank, ill, in the amount of $100.00.
SUPPLEMENT TO GENERAL REVENUE FUND, #324-#327, in
the amount of $56,45~45. ----
FINE & FORFEITURE FUND, #960-#967, in the amount of
$1,l40,734.03.
AIRPORT OPERATION & MAINTENANCE FUND, #597-#601, in
the amount of $330,943.39.
ROAD & BRIDGE FUND, #602-#604, in the amount of
$383,933.66':-
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MSD TAX DISTRICT, *1380-*1383, in the amount of
$308,290.50. ---
MSD - MARINE BANK (Marathon), *536-*538, in the
amount of $187,406.33.
MSD - PLEDGED FUNDS, *l80-*182, in the amount of
$621,919.28.
LAW LIBRARY FUND, *304-*305, in the amount of
$73,086.23.
CAPITAL PROJECTS FUND, #406-#417, in the amount of
$823,927.03.
MONROE COUNTY GROUP INSURANCE, *368-#370, in the
amount of $245,240.22.
CARD SOUND BRIDGE FUND, #3l9-*32l, in the amount of
$92,307.7r:-- ----
WORKERS COMPENSATION, *3209-#3235, in the amount of
$75,l68.04.
TOURIST DEVELOPMENT COUNCIL, *639-#64l, in the
amount of $295,243.l9.
TRANSLATOR FUND, #261-#263, in the amount of
$l3,66l.65.
RISK MANAGEMENT FUND, #77-#78, in the amount of
$65,028.2~ ----
PLANNING, BUILDING ~ CODE ENFORCEMENT, PARKS &
BEACHES UNINCORPORATED, #243-*245, in the amount of
$272,585.68.
UPPER KEYS TRAUMA DISTRICT, #28-#31, in the amount
of $144,280.49.
Board officially approved the Minutes of the following
meetings of the Board of County Commissioners:
3/15/90, 3/27/90 (2), 3/28/90
Board authorized disposal and/or sale of the following
items of surplus property of the Clerk:
0201-22
0202-003
0204-26
0202-78
0202-158
0204-36
0204-39
0205-75
0205-76
0205-77
0205-78
0205-79
0205-80
0205-81
0205-97
0205-98
0205-99
020l-ll
2320-397
Burroughs Check Signer
IBM Typewriter
Adler Typewri ter
Victor Calculator
Amano Time clock
Centronics Printer
Centronics Printer
IDE Converter
Ark Modem
Ark Modem
Ark Modem
Ark Modem
Ark Modem
Ark Modem
Data Modules
Da ta Modules
Data Modules
Victor Calculator
Sony Transcriber
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Motion carried unanimously.
COMMISSIONERS' ITEMS
Mayor Stormont, County Administrator Brown and MSD
Director Aguero presented the December Employee of the Month
Award to James McDill, Operator, Municipal Service District.
Mayor Stormont, County Administrator Brown and
Personnel Director Rodriguez presented the February Employee
of the Month Award to Diane J. Burke, Computer Specialist/
Statistician, Management Services Division.
Mayor Stormont, County Administrator Brown and
Public Works Director Pierce presented an appreciation
plaque to retired employee Frank Moreno, Maintenance, Public
Works Division.
Dent Pierce, Public Works Division Director,
accepted an appreciation plaque on behalf of retired
employee Onelio Gonzalez, Carpenter, Public Works Division.
Mayor Stormont, County Administrator Brown and
Public Works Director Pierce presented an appreciation
plaque to retired employee Raymond Gwynn, Carpenter's
Assistant, Public Works Division.
The Board entered into a discussion concerning a
proposed Resolution authorizing the Mayor/Chairman of the
Board to execute a Trauma Care Agreement between the Upper
Keys Health Care Taxing District and Keys Hospital
Foundation, Inc. d/b/a Mariners Hospital (the District
Hospital) concerning emergency trauma-related health care.
During discussion, the Board corrected Subparagraph d) on
Page 4 to insert the words "Mariners Hospital" between the
words "and" and "to" in the third line thereof. Motion was
then made by Mayor Stormont and seconded by Commissioner
Puto to adopt the following Resolution as corrected. Motion
carried unanimously.
RESOLUTION NO. 246-1990
See Res. Book No. 90 which is incorporated herein by
reference.
Mayor Stormont then advised the Board of similar nego-
tiations taking place with Jackson Memorial Hospital.
The Board entered into a discussion regarding a
permit for removal of fill at the end of San Sebastian Drive
in Doctor's Arm Subdivision granted to the property owners
of the area to aid in improving water circulation in a canal
connecting Bogie Channel and open water in Doctor's Arm.
Garth Coller, Assistant County Attorney, and Dent Pierce,
Public Works Division Director, addressed the Board. Motion
was made by Commissioner Lytton and seconded by Commissioner
Jones to continue. Motion carried unanimously with
Commissioner Harvey not present.
William Irby addressed the Board regarding Life
Center Foundation's proposal for aiding those with a history
of drug and alcohol abuse through a residential program of
rehabilitation. After lengthy discussion, motion was made
by Commissioner Jones and seconded by Commissioner Lytton to
turn this matter over to Staff for study and a report back
regarding the certification of Life Center Foundation, Inc.
as an acceptable viable alternative by the Director of the
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Florida Department of Corrections. Roll call vote was una-
nimous.
Bill Lowden, Assistant Civil Defense Director,
addressed the Board regarding hurricane preparedness.
Motion was made by Commissioner Jones and seconded by
Commissioner Lytton to refer this matter to a committee to
update the 1984 Hurricane Plan, to be chaired by
Commissioner Jones, to consist of Civil Defense,
Communications, Fire Marshal, Public Works, Law Enforcement
representatives from Monroe County, Key West, Key Colony
Beach and Layton. Motion was made by Commissioner Harvey to
amend so that said committee meetings were to be preceded by
a one-day workshop with the experts in the field regarding
hurricane preparedness and nationally recognized hurricane
evacuation experts. The amendment was accepted by the maker
and seconder. Roll call vote on the motion as amended was
unanimous.
Motion was made by Commissioner Puto and seconded
by Commissioner Harvey to approve travel for any
Commissioner to attend the Florida Association of Counties
Legislative Day in Tallahassee on May 2nd. Motion carried
unanimously with Commissioner Jones not present.
Motion was made by Commissioner Puto and seconded
by Commissioner Lytton to authorize the Public Works
Division to design a plaque for the Big Pine Animal Shelter
recognizing joint cooperation between the Board of County
Commissioners and City Electric System, said plaque not to
exceed a cost of $l,OOO.OO. Motion carried unanimously with
Commissioner Jones not present.
Motion was made by Commissioner Harvey and seconded
by Commissioner Lytton to approve the incorporation of tra-
vel for Commissioner Puto to Naples on May 7th regarding
solid waste with the already approved travel to the
Hurricane Conference in Tampa on May 8th through 11th.
Motion carried unanimously with Commissioner Jones not pre-
sent.
The County Administrator was directed to add to the
May 2nd Agenda a meeting with the City of Key West regarding
solid waste questions.
Motion was made by Commissioner Puto and seconded
by Commissioner Lytton to adopt the following Resolution
supporting House Bill 1933 and Senate Bill 1370 relating to
the Marine Fisheries Commission. Motion carried unani-
mously.
RESOLUTION NO. 247-1990
See Res. Book No. 90 which is incorporated herein by
reference.
Motion was made by Commissioner Jones and seconded
by Commissioner Lytton to approve funding by the County for
the security light at the Key West Youth Center. Motion
carried unanimously.
After discussion, motion was made by Commissioner
Jones and seconded by Commissioner Lytton to adopt the
following Resolution declaring the County's opposition to
the proposed amendment to House Bill 2015 relating to
Coastal Islands and Areas. Roll call vote was taken with
the following results:
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Commissioner Harvey Yes
Commissioner Jones Yes
Commissioner Lytton Yes
Commissioner Puto Yes
Mayor Stormont No
Motion carried.
RESOLUTION NO. 248-1990
See Res. Book No. 90 which is incorporated herein by
reference.
Motion was made by Commissioner Puto and seconded
by Commissioner Lytton to adopt the following Resolution
authorizing the Mayor to execute an Interlocal Agreement
between the County and the Monroe County Land Authority.
Motion carried unanimously.
RESOLUTION NO. 249-1990
See Res. Book No. 90 which is incorporated herein by
reference.
Motion was made by Commissioner Puto and seconded
by Commissioner Lytton to adopt the following Resolution
reaffirming Resolution No. 606-1989 and requesting the Chief
Bridge Section of the Seventh Coast Guard District to con-
tinue the trial program for the bridge opening of the
Jewfish Creek Bridge of on the hour and thirty minutes after
the hour for an additional one hundred eighty days. Motion
carried unanimously.
RESOLUTION NO. 250-1990
See Res. Book No. 90 which is incorporated herein by
reference.
Motion was made by Commissioner Puto and seconded
by Commissioner Lytton to approve the Pigeon Key Request For
Proposals and Review Process as outlined in memorandum from
Commissioner Puto dated April llth. Motion carried
unanimously.
Commissioner Puto discussed the Board's action last
week whereby he was directed to chair three "town hall"
meetings regarding the Marathon Fine Arts Center. After
discussion, the Board directed that the meeting in the
Lower Keys would be chaired by Commissioner Jones, the
meeting in the Middle Keys would be chaired by Commissioner
Puto, and the meeting in the Upper Keys would be chaired by
Mayor Stormont.
Naomi Graziani addressed the Board regarding the
problems she is incurring concerning her requested replace-
of her mobile home on Big pine Key. After a lengthy
discussion between the Board, the Building Department offi-
cials and Mrs. Graziani, Michael Halpern, local Key West
attorney, volunteered his services (at no charge) to assist
Mrs. Graziani in this matter.
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Jones and seconded
by Commissioner Puto to authorize execution of a Service
Agreement with Florida Disposal Co. concerning solid waste
collection services at Bayshore Manor (County Home). Motion
carried unanimously with Commissioner Lytton not present.
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Jeff Fisher, Extension Service Director, addressed
the Board regarding a request for a budget amendment con-
cerning his advertising account. Motion was made by
Commissioner Puto and seconded by Commissioner Harvey to
accept Staff recommendation and adopt the following
Resolution concerning the transfer of funds. Motion carried
unanimously.
RESOLUTION NO. 25l-l990
See Res. Book No. 90 which is incorporated herein by
reference.
Motion was made by Commissioner Harvey and seconded
by Mayor Stormont to adopt the following Resolutions con-
cerning the transfer of funds. Motion carried unanimously.
RESOLUTION NO. 252-1990
RESOLUTION NO. 253-l990
RESOLUTION NO. 254-1990
See Res. Book No. 90 which is incorporated herein by
reference.
Advertisements
Motion was made by Commissioner Jones and seconded
by Commissioner Puto to authorize advertising a proposed
Ordinance creating Section 6-l6.l(l), Monroe County Code, in
order to provide that all building permit fees may be set by
Resolution of the Board of County Commissioners; amending
Section 6-41, Monroe County Code, in order to provide that
the Board of County Commissioners may set after-the-fact
building permit fees for work initially done without a per-
mit and to provide that the site of the unpermitted work may
be restored to its original condition and providing
environmental restoration standards therefor; amending
Section 6-42, Monroe County Code, to provide that volunteer
fire departments and emergency medical service providers are
exempt from building permit fees; amending Section 5-23(b),
Monroe County COde, in order to provide that fees for
blaster permits may be set by Resolution of the Board of
County Commissioners; providing for severability; providing
for repeal of all Ordinances inconsistent herewith; pro-
viding for incorporation into the Monroe County Code; and
providing an effective date. Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Harvey to authorize advertising a proposed
Ordinance repealing Section 6-16.1(4), Monroe County Code,
regarding building permit fee exemptions; repealing Section
6-16.1(5), Monroe County Code, regarding building permit
fees; repealing Section 6-16.1(6), Monroe County COde,
regarding administrative penalty for failure to obtain a
permit; repealing Section 6-36, Monroe County COde,
regarding building permit fees; repealing Ordinance No.
024-1989 regarding construction not requiring a building
permit; repealing Ordinance No. 001-1990 regarding building
permit fees for land clearing; repealing Section 6-40,
Monroe County Code, regarding reinspection fees; providing
for severability; providing for repeal of all Ordinances
inconsistent herewith; providing for incorporation into the
Monroe County Code; and providing for an effective date.
Motion carried unanimously.
Motion was made by Commissioner Jones and seconded
by Commissioner Puto to authorize advertising a Request For
Proposals for hazardous waste collection. Motion carried
unanimously.
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Flood Variance Applications
Erol Vural, attorney for Eglantina Beiro, addressed
the Board regarding Staff's recommended denial of Mrs.
Beiro's Application for Variance to the Flood Hazard
Ordinance for a Family Room, habitable space below base
flood elevation, on Lots 9 and 10, Block 4, Summerland Key
Cove Additional 5, Summerland Key; Zoned IS - Improved
Subdivision; Coastal Flood Zone AE 9', Panel 1514. After
lengthy discussion, motion was made by Mayor Stormont and
seconded by Commissioner Lytton to direct the Building
Official and the County Attorney to consult with the appli-
cant's attorney and bring a recommendation back to the
Board. Motion carried unanimously.
Refund Requests
Bob Herman, Interim Director of the Growth
Management Division, addressed the Board. Motion was made
by Mayor Stormont and seconded by Commissioner Lytton that
based upon Staff's indicating that the building permit on
which impact fees were collected is invalid, the Board
authorized payment of refund to Robert W. Peterson in the
amount of $7,603.28 for impact fees and $lOO.OO for a re-
application fee. Motion carried unanimously.
COUNTY ATTORNEY
Randy Ludacer, County Attorney, addressed the Board
regarding the proposed Stock Island jail site and advised
that the City was having a workshop next Monday night to
discuss a pre-approval of the jail site. Ron Herron, Acting
City Manager for the City of Key West, addressed the Board.
Motion was made by Commissioner Jones to request a letter
from the City Attorney that a change of the Plan is not
necessary and that in his view, the zoning of C-2 is proper
for the project and that the City will agree to sign a deve-
lopment contract to the satisfaction of the County Attorney.
During discussion, motion was withdrawn. The County
Attorney was to report back to the Board on this matter.
The County Attorney discussed receipt by the Code
Enforcement Board of an Attorney General's Opinion regarding
a statute of limitations with respect to land use viola-
tions. Motion was made by Mayor Stormont and seconded by
Commissioner Lytton that in reviewing administrative proce-
dures of all Boards currently underway, the County Attorney
was instructed to correct those which he found to be incon-
sistent with law. During discussion, the motion was
withdrawn. Peter Horton, Community Services Division
Director, addressed the Board. No official action was
taken.
Mr. Ludacer discussed an Atorney General's Opinion
regarding occupational licenses. The County Attorney was
directed to report back to the Board as to what portions of
the Ordinance are severable and recommend alternative
actions possible for modification.
The County Attorney discussed suits recently filed
regarding the Marathon Center and the Big pine Key Road.
Mr. Ludacer advised of appeals now in Circuit Court
on the Ewing-Wardell Orders. Motion was made by Mayor
Stormont and seconded by Commissioner Jones to authorize the
County Attorney, in his discretion, to appeal if the Orders
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are not modified appropriately. Motion carried unanimously.
Michael Halpern addressed the Board regarding
attorney's fees in the case of Perkins v. Monroe County con-
cerning the contiguous lot rule. After lengthy discussion,
motion was made by Commissioner Jones and seconded by
Commissioner Harvey to allow the County Attorney to nego-
tiate fees with Michael Halpern in an amount not to exceed
$37,000.00. Roll call vote was taken with the following
results:
Commissioner Harvey Yes
Commissioner Jones Yes
Commissioner Lytton Yes
Commissioner Puto Yes
Mayor Stormont NO
Motion carried.
MUNICIPAL SERVICE DISTRICT (WASTE)
Charles Aguero, MSD Director, addressed the Board.
Motion was made by Mayor Stormont and seconded by
Commissioner Puto to allow the purchase of one Caterpillar
Forklift from Kelly Tractor in the amount of $20,780.00,
f.o.b. Marathon. Roll call vote was taken with the
following results:
Commissioner Harvey Yes
Commissioner Jones No
Commissioner Lytton Yes
Commissioner Puto Yes
Mayor Stormont Yes
Motion carried.
The Board directed Mr. Aguero to notify the
Franchisees regarding the problems being incurred by citi-
zens concerning pickup of yard trash.
DIVISION OF COMMUNITY SERVICES
Peter Horton, Division Director, addressed the
Board and advised that he would be bringing back to the
Board a proposal regarding competitive bidding for airport
space.
Social Services
Peter Horton addressed the Board regarding a
request for the new position of Welfare Director. Motion
was made by Mayor Stormont to place the matter in the budget
process of the upcoming year. Louis LaTorre, Director of
Social Services, addressed the Board. Motion died for lack
of a second. After discussion, motion was made by
Commissioner Jones and seconded by Commissioner Harvey to
create the new position of Welfare Director. The County
Administrator addressed the Board. Motion was made by Mayor
Stormont to amend to include all other Department Heads
which require additional staffing. Motion to amend was
withdrawn. Roll call vote on the original motion was taken
with the following results:
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Commissioner Harvey Yes
Commissioner Jones Yes
Commissioner Lytton No
Commissioner Puto Yes
Mayor Stormont No
Motion carried.
Airport Services
Peter Horton addressed the Board regarding a
request from the City of Key West that the County approach
the Navy and ask for an amendment to the Grant of Easement
regarding land adjacent to the Key West International
Airport. Motion was made by Commissioner Jones and seconded
by Commissioner Harvey to table. Motion carried unani-
mously.
DIVISION OF GROWTH MANAGEMENT
Report
Bob Herman, Interim Division Director, addressed
the Board. Motion was made by Commissioner Jones and
seconded by Commissioner harvey to authorize execution of an
Interlocal Agreement with the District School Board
regarding the provision of adequate school facilities.
Motion carried unanimously.
COMMISSIONERS' ITEMS
The Board entered into a lengthy discussion
regarding the Level of Service problems and the letter
received from the Florida Department of Transportation dated
April 16th regarding the US 1 Roadway Capacity Analysis.
Motion was made by Commissioner Lytton and seconded
by Commissioner Puto that the Mayor be authorized to convene
a workshop as soon as possible after conclusion of the
Legislative Session (if not sooner) with the Florida
Department of Transportation Regional 6 Managers and the
State Secretary or designee to address the fact that all
projects in the FOOT 20-Year Plan have been moved out of
the 5-Year Realm, to invite the Legislative Delegation to be
present to set up a financing plan for US 1, and to re-
prioritize any projects in that Plan. Motion carried unani-
mously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Puto to adopt the following Resolution to
officially petition the State level of the Department of
Transportation to build in, either legislatively or through
rule-making, additional flexibility in approaching non-grid
systems. Motion carried unanimously.
RESOLUTION NO. 255-l990
See Res. Book No. 90 which is incorporated herein by
reference.
Motion was made by Commissioner Lytton and seconded
by Commissioner Puto to direct the County Administrator, in
concert with the Assistant County Administrator of the
Public Works Division, to seek District 6 input on the
possibility of additional signalization throughout Monroe
County with particular emphasis on the possible installation
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of signals at Industrial Road on the east end of Big Pine
and Ships Way on the west end of Big Pine. Motion carried
unanimously.
Motion was made by Commissioner Lytton and seconded
by Commissioner Jones to adopt the following Resolution to
oficially notify the DCA, DOT, Regional Secretary of DOT
District 6, and the Governor and each member of the Cabinet
that Monroe County is willing to shoulder its fair share
cost through impact fees and a modest amount of its gasoline
tax to solve its own problems; however, the County does not
have enough to assume the Florida Department of
Transportation's obligation under statute to maintain US 1
within the boundaries of Monroe County. Motion carried una-
nimously.
RESOLUTION NO. 256-1990
See Res. Book No. 90 which is incorporated herein by
reference.
Motion was made by Commissioner Lytton and seconded
by Commissioner Jones that our recently completed and
adopted Level of Service analysis is professionally accep-
table to the extent that it was cooperated in and colla-
borated in by State traffic experts and praised by State
traffic experts, is legitimate, has been properly, lawfully
and legally generated and developed under the County's
existing Comprehensive Land Use Plan and that the County
owes it to the citizens of the County that if there is to be
some intervention by State authorities in what is shown
explicitly to be the sole prerogative of Local Government
for determination of local Levels of Service, that Monroe
County continue (based on the recently adopted updated Level
of Service analysis) to issue permits wherever that analysis
indicates there is a remaining inventory of permits to be
issued and that the County beseech the Department of
Community Affairs, if it intends to appeal any of those per-
mits issued under what the County considers to be legitimate
authority, that they appeal immediately out of justice and
equity to the citizens of this County. Motion was made by
Mayor Stormont to amend to include seeking legislative
assertion of rights and powers under 163. The amendment was
accepted by the maker and the seconder. Motion as amended
carried unanimously. Bob Herman addressed the Board. The
County Administrator was directed to add to the May 2nd
meeting a discussion regarding the foregoing matter. After
further discussion, motion was made by Mayor Stormont and
seconded by Commissioner Jones to reconsider the previous
motion. Motion carried unanimously. Motion was then made
by Mayor Stormont and seconded by Commissioner Jones to
modify the previous motion to include the County's intent to
issue permits if aid is not forthcoming from the Governor
and Cabinet in intervening in the disapproval of the Monroe
County presented Traffic S~udy. Roll call vote was taken
with the following results:
Commissioner Harvey Yes
Commissioner Jones Yes
Commissioner Lytton No
Commissioner Puto Yes
Mayor Stormont Yes
Motion carried. Motion was made by Commissioner Puto and
seconded by Commissioner Jones to authorize Mayor Stormont
also to travel to Tallahassee to the Cabinet Meeting next
Tuesday. Motion carried unanimously. David Koppel, County
RR 1 8 1
Engineer, was requested to do a brief analysis of the let-
ter from FDOT so that it could be presented to the Cabinet
and also to assist in the preparation of a formal rebuttal
letter to FDOT. Garry Sievers, President of the Lower Keys
Chamber of Commerce, and John Scharch, resident of Big pine
Key, addressed the Board.
DIVISION OF GROWTH MANAGEMENT
Planning Department
Motion was made by Mayor Stormont and seconded by
Commissioner Puto to receive the Derelict Vessels in Florida
Coastal Waters Study with the direction that any
Commissioner who wishes further discussion may agenda same.
Motion carried unanimously.
Building Department
Bob Herman addressed the Board. Motion was made by
Mayor Stormont and seconded by Commissioner Lytton to
declare an emergency due to the requirement that there be in
effect by May 1st a change in local policy and procedure to
reflect the latest guidelines of the Federal Emergency
Management Act (FEMA). Roll call vote was unanimous.
Motion was then made by Commissioner Puto and seconded by
Commissioner Harvey to adopt the following Ordinance
declaring that an emergency exists and waiving notice by a
four-fifths vote and waiving the requirements of advertising
under the provisions of Florida Statutes 125.66 and thereby
amending Ordinance No. 015-1989; and modifying the various
sections of the Monroe County Code listed below; Section
9.5-3l6(b), which provides for the adoption of Federal
Emergency Management Act (FEMA) Maps; Section 9.5-3l6(c)
which provides rules for interpreting flood hazard issues;
Section 9.5-3l7(b)(l)d, which deals with enclosing areas
below base flood elevation; and changing Section
9.5-3l7(b)(2), which provides for methods and designs of
floodproofing; Section 9.5-3l7(b)(3) which deals with the
elevation of manufactured homes; Section 9.5-3l7(b)(4) which
deals with V-zones; and an addition, for consistency, of the
modification made to Section 9.5-3l6(c) above; providing for
severability; providing for the repeal of all Ordinances
inconsistent herewith; providing for incorporation into the
Monroe County Code; and directing the Clerk of the Board to
forward a certified copy of this Ordinance to the Florida
Department of Community Affairs; and providing an effective
date. Roll call vote was unanimous.
ORDINANCE NO. 015-1990
See Ord. Book No. 23 which is incorporated herein by
reference.
Environmental Resources
Bob Herman and George Garrett addressed the Board.
Motion was made by Commissioner Lytton and seconded by
Commissioner Puto to approve the amendment in the Sedway
Cooke contract for the Big Pine Key Community Plan to
trigger utiilization of the $10,000.00 reserve provision
therein. Roll call vote was taken with the following
results:
Commissioner Harvey Yes
Commissioner Jones No
Commissioner Lytton Yes
Commissioner Puto Yes
Mayor Stormont Yes
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Motion carried.
Planning Department
Motion was made by Mayor Stormont and seconded by
Commissioner Puto to adopt the following Resolution
correcting Resolution No. 182-1990 pertaining to the appro-
val of a Final Plat and authorizing the Mayor to execute the
plat of a subdivision to be known as Sunrise Isle. Motion
carried unanimously.
RESOLUTION NO. 257-1990
See Res. Book No. 90 which is incorporated herein by
reference.
Motion was made by Commissioner Jones and seconded
by Mayor Stormont to authorize per Staff recommendation the
payment of $ll9,770.63 to BRW, Inc. for work completed, sub-
ject to complete verification by the Clerk. Roll call vote
was taken with the following rsults:
Commissioner Harvey Yes
Commissioner Jones No
Commissioner Lytton Yes
Commissioner Puto Yes
Mayor Stormont Yes
Motion carried.
DIVISION OF MANAGEMENT SERVICES
Report
George Harper, Division Director, reported to the
Board on the status of the County's participation in the
South Florida Employment Consortium and commended his staff
for their work in this effort.
DIVISION OF PUBLIC WORKS
Consulting Engineer
Mickey McCullough addressed the Board on behalf of
Post Buckley Schuh & Jernigan and advised of receipt of a
letter from the Army Corps of Engineers regarding the permit
application for the Card Sound Road improvements and com-
ments from DNR and the Izaak Walton League concerning their
desires which would entail an approximate additional cost of
$15,000,000.00. Motion was made by Mayor Stormont and
seconded by Commissioner Lytton to advise the Army Corps of
Engineers that the County would accept the additional
desires based upon the availability of the additional
funding to come from the Izaak Walton League but until such
funding is forthcoming, the Commission desires that the per-
mit be issued on the original proposal. Motion carried una-
nimously.
Facilities Maintenance
Dent Pierce, Division Director, addressed the
Board. Motion was made by Commissioner Jones and seconded
by Commissioner Lytton to approve funding up to $25,000.00
out of BOCC Contingency for repair of the storage area at
the Public Service Building on Stock Island. Roll call vote
was taken with the following results:
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Commissioner Harvey Yes
Commissioner Jones No
Commissioner Lytton Yes
Commissioner Puto No
Mayor stormont Yes
Motion carried.
Motion was made by Commissioner Jones and seconded
by Commissioner Harvey to authorize the preparation and sub-
mission of a Professional Service Order by Post Buckley
Schuh & Jernigan concerning a sewage treatment plant for the
Public Service Building on Stock Island. Motion carried
unanimously.
Motion was made by Commissioner Jones and seconded
by Commissioner Puto to authorize execution of a contract
with M.W.C. Inc. d/b/a Cates Electric for the installation
of an emergency generator at 310 Fleming Street in Key West
at a cost of $24,555.00, said amount to be out of BOCC
Contingency. Roll call vote was taken with the following
results:
Commissioner Harvey Yes
Commissioner Jones Yes
Commissioner Lytton Yes
Commissioner Puto Yes
Mayor Stormont No
Motion carried.
COUNTY ADMINISTRATOR
Tom Brown, County Administrator, presented a letter
form the Key West City Commission rejecting the County's
request to apply thirty-seven percent of their one cent
sales tax revenues toward the construction of the Lower Keys
Detention Facility. No action was taken.
Mr. Brown presented a letter from the Florida
Association of Counties regarding the proposed Community
Corrections Act.
There being no further business, the meeting was
adjourned.
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